Who Pays for Extracurricular Activities in Divorce in Texas?
One of the most hotly debated and contested aspects of divorce is child support. Calculating child support payments can quickly become confusing and frustrating. Many couples don’t know or don’t understand where their money goes each month or how the breakdown of child support factors into who pays for a child’s extracurricular activities. At the same time, most parents agree that participation in extracurricular activities supports a child’s social growth, well-being, and enrichment. Still, not all parents agree on who should foot the bill for a child to participate in those activities.
If you are a parent, you know the cost of extracurricular activities can be significant. From camps to equipment, specialized clothing, fees, lessons, and other costs, the expense of allowing a child to engage in extracurricular activities can quickly add up. Without help from an experienced child custody attorney, you may be stuck picking up the tab when your ex-spouse refuses to help. Understanding who pays for extracurricular activities in divorce in Texas is essential.
Do I Have to Pay for Extracurricular Activities If I Pay Child Support in Texas?
Understanding your child support obligations in Texas can be challenging. At its heart, child support is a court-ordered payment made by one parent, typically the non-custodial parent, to the custodial parent or the parent with whom the child predominantly resides. Child support payments are meant to help cover the costs associated with raising a child and help stabilize a child’s quality of life post-divorce.
Most child-support-paying parents must pay child support until the child turns 18 or graduates from high school unless the child has special needs. The amount of money an individual must pay for child support in Texas varies. Still, the Texas Attorney General’s Office provides a monthly child support calculator to help parents estimate their child support obligations. The accuracy of this calculator can vary because numerous factors can influence how a judge allocates support payments.
Support is generally based on the number of children involved and amounts to around 20 percent of a person’s net resources for one child. There is a maximum amount of support in Texas unless additional needs are proven.
Child support is meant to help cover all the reasonable costs of raising a child in Texas. Those costs include:
- Medical expenses and healthcare needs
- Dental care
- Housing costs
- Clothing
- Food
- Educational expenses
If you are going to court to finalize your divorce and seek child support for your family, you can be required to pay for extracurricular activities if the custodial parent can prove to the court that the programs are necessary for the child’s well-being. Sometimes, activities that contribute to the mental, social, and physical health of the child can be factored into child support under particular circumstances.
While there are times that extracurricular activities may be factored into child support calculations, additional expenses involving elective surgeries, private education, a motor vehicle, and other “extra” expenses may not fall under the child support umbrella. Not all judges will require the non-custodial parent to pay for an expensive hobby or extracurricular activity but generally a court believes that the expenses should be split between the parties. The amount of the split may vary depending on incomes and the court.
Co-parenting and Extracurricular Activities
Co-parenting a child with extracurricular activities doesn’t always come down to the money. While child support is an essential element of considering a child’s extra activities outside of school, there are other considerations you must account for, such as visitation and effective co-parenting.
Extracurricular activities can mean travel, time away from home, and seeing your ex-partner at performances, games, or competitions. Without an effective schedule and co-parenting plan in place, it can be challenging to coordinate schedules with your former spouse and juggle visitation and participation in extracurricular activities.
You need a skilled child custody attorney who can help you iron out a parenting plan that involves:
- Child custody
- Visitation time and lengths
- Vacation schedules
- Parental attendance at events, including games, performances, or competitions
- Pick-up and drop-off schedules
- Summer camp and holiday visitation
As your child gets older, their needs may shift and change. Effective co-parenting often requires good communication between parents and an explicit, legally binding agreement outlining each parent’s obligations.
Travel Sports and Divorce
Working with an experienced child support attorney in Dallas is essential to protecting your rights and relationship with your child. A child support and child custody agreement may need to be customized to address your unique goals and concerns, including who has the right to enroll the child in activities, what happens when an activity overlaps with one parent’s visitation schedule, and who is responsible for paying enrollment fees and extracurricular activity costs.
As a parent, you may want to allow your child to be enriched by outside activities. Still, you may feel frustrated if the activity interferes with your visitation time or financial stability. Often, high-level extracurricular activities involve travel and additional expenses. Parents should attempt to be flexible for the sake of the child. However, if frequent trips or practices interfere with your visitation time, you need to speak with an attorney who can help you modify the terms of your current agreement.
What Happens When an Ex-Spouse Won’t Pay for Extracurricular Activities?
Parents should understand that most Texas judges won’t force one parent to pay for expensive or unreasonable extracurricular activity expenses just because the other parent wants the child to engage in the activity. A parent can advocate for their child and impress upon the court how the activity enhances the child’s quality of life and how the child should not be kept from an activity they love due to the parents’ conflict. The court has discretion to determine whether the cost of outside activities should be included in child support payments or how a split of those expenses will occur.
In many cases, if an ex-spouse doesn’t pay for extracurricular activities, the parent advocating for the activity may need to pay for the hobby or sport themselves, or the child may need to forfeit engaging in the activity. Older children may need to be more active in determining which pastimes mean the most to them and prioritize accordingly based on financial limitations or time constraints.
If a court orders a parent to pay a percentage of the expenses, the party must do so (upon suffiicent evidence of payment by the other party). A court can hold a party in contempt of court for failing to pay an obligation they were ordered to pay.
A Child Custody Lawyer Can Explain Your Obligations
No parent wants to see their child shortchanged. If you are concerned about your child support obligations or feel your former spouse is not contributing reasonably to the needs of your child, discuss your situation with an experienced Dallas child custody attorney with Balekian Hayes, PLLC.
Contact our office today to schedule a confidential consultation.